Avinash vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.943/2022 of North Paravur Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 376,506,354D(1)(ii), 354D(1)(i), 354D, 354A (1)(i), 354, 376(2)(n) and 342 of the Indian Penal Code, 1860, Sections 67(b) and 67A of Information Technology Act, 2008 and also under Sections 4(2), 3(a), 6, 5(l), 12, 11(iv), 11(v), 14, 13(a) and 13(b) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, while the accused and the victim were in a relationship, she was taken to the petitioner’s house on 18.03.2022 and subjected her to penetrative sexual assault and repeated the same in April 2022 and May 2022 and also took obscene photographs with the survivor and posted it to her brother and also demanded Rs.30,000/-, with a threat to publish the said visuals in social media. The prosecution also alleges that the victim became pregnant through the petitioner and that the pregnancy was terminated subsequently.

Sri.P.Mohamed Sabah, learned counsel appearing for the petitioner submitted that prosecution allegations are false and even if the same is assumed to be admitted, it can only reveal a consensual relationship between the victim, who is on the verge of attaining majority and therefore, considering the period of detention from 25.08.2022, petitioner ought to be released bail.

Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious and that the petitioner is alleged to have circulated the photographs of the victim through social media, which too is a serious offence and therefore, releasing him on bail, at this juncture would cause prejudice to the victim as well as to the prosecution. It was further submitted that the final report was filed on 31.10.2022.

I have considered the rival contentions and have perused the statement of the victim.

Having regard to the nature of allegations, I am of the view that, since petitioner is only 23 years in age and has been in custody since 25.08.2022, further detention is not essential.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.